Information about the Supreme Court

Information about the Supreme Court of the Russian Federation

1. The Supreme Court of the Russian Federation is the supreme judicial body in civil, criminal and administrative cases, in cases regarding the resolution of economic disputes and other cases falling under the jurisdiction of courts, established in the Russian Federation in accordance with Federal Constitutional Law “On the Judicial System of the Russian Federation”.

2. The Supreme Court of the Russian Federation performs judicial supervision in procedural forms, stipulated in federal law, over the activities of courts, established in accordance with Federal Constitutional Law “On the Judicial System of the Russian Federation”, by considering civil, criminal and administrative cases, cases regarding the resolution of economic disputes and other cases, falling under the jurisdiction of the aforementioned courts, as a court of supervisory instance, and also as a court of appellate and cassational instance within the framework of its competence.

3. The Supreme Court of the Russian Federation considers cases, falling under its jurisdiction, as a court of first instance and due to new or newly discovered facts.

4. In order to guarantee the uniform application of legislation of the Russian Federation, the Supreme Court of the Russian Federation gives the courts clarifications on issues of judicial practice.

5. The powers, manner of formation and activities of the Supreme Court of the Russian Federation are stipulated in Federal Constitutional Law “On the Supreme Court of the Russian Federation”.

No. 1-FKZ, December 31st, 1996FEDERAL CONSTITUTIONAL LAW ON THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATIONArticle 19. The Supreme Court of the Russian Federation

The History of the Supreme Court of the Russian Federation

Before the 1917 October revolution, the Governing Senate, created by Peter the Great, performed not only the functions of a central executive body, but was also the supreme judicial body under the Russian Emperors.

After the armed rebellion proclaimed the power of Soviets, the judicial system that existed before 1917 was no longer able to function. The need to create a unique supreme judicial body was first discussed at the IV Congress of the Soviet Judiciary that took place in 1922.

On January 4th, 1923, the Presidium of the Government of the Russian Soviet Federative Socialist Republic (RSFSR) adopted a resolution on the Provisional Composition of the RSFSR Supreme Court. It was made public on January 10th, 1923, in Order No. 1 of the Supreme Court.

The RSFSR Supreme Court performed judicial supervision over all courts of other Republics.

On October 27th, 1960, the Supreme Soviet of the RSFSR adopted the law "On the Judicial System of the RSFSR". According to the law, the Supreme Court was vested with the right of legislative initiative. Judges were elected by the Supreme Soviet of the RSFSR for a period of 5 years. The Supreme Court consisted of the Chief Justice, Deputy Chief Justices, judges and jurymen. It was composed of judicial panels on civil and criminal cases, the Presidium and the Plenum of the Supreme Court of the RSFSR. This court had the right to review the decisions of all other courts. As a court of first instance, it had special competence to examine cases of exceptional state importance.

In the 1990s, the Russian Federation went through a period of radical restructuring of its political, economic and social spheres. The idea of carrying out a large-scale judicial reform in the country was put forward and began to be realized.

The disintegration of the USSR greatly altered the place and the role of the Russian Supreme Court. The priorities of the judicial system have changed as well. The rights and liberties of the person were declared to be the highest value. To accept, observe and defend the rights and liberties of the citizen became the state’s main responsibility.

The status of the holder of the judicial power, the judge, has also changed.

The Supreme Court of the Russian Federation Today

The Supreme Court of the Russian Federation is the supreme judicial body for civil, criminal, administrative cases, economic disputes and other cases. It performs judicial supervision and clarifies different issues of judicial practice.

As a court of first instance, the SCRF considers administrative cases on challenge of normative or non-normative acts or actions of the President of the Russian Federation, the Government of the Russian Federation, the Central Election Commission of the Russian Federation and of other top public authorities. It also resolves economic disputes between federal public authorities and public authorities of constituent entities of the Russian Federation, between supreme public authorities of constituent entities of the Russian Federation.

As a court of second (appellate) instance, the Supreme Court of the Russian Federation reviews the lawfulness and validity of decisions of supreme courts of constituent entities of the Russian Federation that have not yet entered into force, in administrative, civil and criminal cases. It also reviews the decisions of circuit (fleet) military courts, adopted by them as courts of first instance, in cases of the military. Herewith, the SCRF reviews its own first-instance decisions as a court of appellate instance.

As a court of third (cassational) instance, the SCRF reviews the rulings of presidiums of supreme courts of constituent entities of the Russian Federation and of presidiums of circuit (fleet) military courts, adopted by them as courts of appeal.

Finally, as a court of supervision, the SCRF may reverse or amend effective judicial acts, including its own, if it is found that the aforementioned acts:

1) violate the human and citizen’s rights and freedoms, guaranteed by the Constitution of the Russian Federation, the universal principles and norms of international law and the international treaties of the Russian Federation;

2) violate the rights and lawful interests of the general public or other public interests;

3) violate the uniform interpretation and application of law norms.

The Supreme Court of the Russian Federation may reinitiate the consideration of a case due to new or newly discovered facts.

The role of the Supreme Court of the Russian Federation as the supreme judicial body is reflected in its ability to give clarifications on issues of judicial practice in order to guarantee the uniform interpretation and application of legal norms by the courts.

As the supreme judicial body, the Supreme Court of the Russian Federation has the right to propose legal initiatives within the framework of its competence. Based on the analysis and summarization of judicial practice, the Supreme Court of the Russian Federation elaborates and introduces draft laws to the State Duma of the Federal Assembly of the Russian Federation.

According to current legislation, draft laws, amending the Criminal Code of the Russian Federation, can only be introduced to the State Duma accompanied by an opinion of the Supreme Court of the Russian Federation.

The Supreme Court of the Russian Federation may also decide issues of international treaties of the Russian Federation within the framework of its competence.

Composition of the Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation is composed of the following bodies:

1) the Plenary Session of the Supreme Court of the Russian Federation;

2) the Presidium of the Supreme Court of the Russian Federation;

3) the Appellate Chamber;

4) the Judicial Chamber on Administrative Cases;

5) the Judicial Chamber on Civil Cases;

6) the Judicial Chamber on Criminal Cases;

7) the Judicial Chamber on Economic Disputes;

8) the Judicial Chamber on Cases of the Military;

9) the Disciplinary Chamber.

Federal constitutional law “On the Supreme Court of the Russian Federation” sets the number of the court’s judges at 170. The senior judges of the court are the Chief Justice of the Supreme Court of the Russian Federation, the First Deputy Chief Justice and six other Deputy Chief Justices, who head the judicial chambers of the Supreme Court of the Russian Federation, except for the Appellate Chamber, which has its own chairman.

The Plenary Session of the Supreme Court of the Russian Federation consists of all judges of the Supreme Court and is presided by the Chief Justice. The Plenary Session gives clarifications on issues of judicial practice to the courts, decides issues of using the right of legislative initiative and resolves other complicated issues regarding the administration of justice and the functioning of the judicial system of the Russian Federation.

By invitation of the Chief Justice of the SCRF, the President of the Constitutional Court of the Russian Federation, the Prosecutor General of the Russian Federation, the Minister of Justice of the Russian Federation, their deputies, judges of the Constitutional Court of the Russian Federation, judges of other courts and other persons may attend sessions of the Plenary Session and express their opinion on the matters discussed.

Rulings of the Plenary Session are adopted by a majority vote, if at least two thirds of active judges of the Supreme Court of the Russian Federation are present at the session. Rulings are signed by the Chief Justice of the Supreme Court of the Russian Federation and the Secretary of the Plenary Session of the Supreme Court of the Russian Federation.

Rulings of the Plenary Session of the Supreme Court of the Russian Federation are a form of execution of the court’s constitutional right to clarify issues of judicial practice, and as such they are taken into consideration by other courts in the administration of justice.

In accordance with Part 2 of Article 125 of the Constitution of the Russian Federation, the Plenary Session of the SCRF may address the Constitutional Court of the Russian Federation with requests to check the constitutionality of federal laws and other normative acts, or of international agreements of the Russian Federation, that have not yet entered into force.

The Plenary Session adopts the composition of the Judicial Chambers of the SCRF, elects the judges of the Appellate and Disciplinary Chambers, as well as the Secretary of the Plenary Session.

The Presidium of the Supreme Court of the Russian Federation is the top judicial instance in Russia. The Presidium is composed of the Chief Justice of the Russian Federation, Deputy Chief Justices and a number of judges of the SCRF, appointed to the Presidium of the court by the Council of the Federation of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, based on proposal of the Chief Justice of the SCRF.

As a court of supervisory instance, the Presidium of the Supreme Court of the Russian Federation verifies the effective judicial acts of lower courts and decides upon certain issues of judicial practice. It is also competent to coordinate the activities of the Judicial Chambers and the staff of the SCRF and to perform other functions stipulated in federal laws.

The Presidium of the Supreme Court of the Russian Federation holds its sessions as it deems necessary, but at least once a month. Its sessions are legitimate if the majority of its members are present.

The Appellate Chamber of the Supreme Courtof the Russian Federation is composed of the Chairman of the Appellate Chamber, deputy Chairman of the Appellate Chamber and ten other members. They are elected by the Plenary Session of the SCRF for a five-year term. The Appellate Chamber of the SCRF considers appeals against the decisions of the SCRF, adopted in first instance. It also considers cases due to new or newly discovered facts and performs other functions stipulated in federal laws.

Other Judicial Chambers of the SCRF are composed of judges of the SCRF and presided by Deputy Chief Justices of the court. Panels of judges are formed within the judicial chambers for reasons of case distribution and specialization of judges. The Chief Justice of the SCRF appoints the heads of the panels of judges, who preside them for three-year terms.

The Judicial Chambers of the SCRF consider cases as courts of first, appellate or cassational instance, generalize the judicial practice and perform other functions stipulated in federal laws.

The Chief Justice of the Supreme Court of the Russian Federation is appointed for a six-year term by the Council of the Federation of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

Apart from acting as a judge of the Supreme Court of the Russian Federation, the Chief Justice performs many organizational and administrative tasks, e.g.:

- resolves issues, falling within the framework of his competence, regarding the organization of activities of the Supreme Court of the Russian Federation, of the system of courts of general jurisdiction and the system of commercial courts;

- organizes the study and generalization of judicial practice and the analysis of judicial statistics;

- convenes the Plenary Session and the Presidium of the Supreme Court of the Russian Federation and presides at their sessions;

- distributes duties among the Deputy Chief Justices of the Supreme Court of the Russian Federation;

- presents candidates for appointment as federal judges to the President of the Russian Federation;

- addresses the High Qualification Board of Judges of the Russian Federation regarding the evaluation of judges of the SCRF and of presidents and deputy presidents of most other courts, the suspension or termination of their powers;

- represents the Supreme Court of the Russian Federation in relations with state bodies, international and intergovernmental organizations;

- interacts with the Government of the Russian Federation in elaborating the project of the federal budget, as related to the funding of courts;

- performs the general management of staff of the SCRF, appoints and dismisses the members of staff.

The Chief Justice of the Russian Federation has the right to attend the sessions of the Council of the Federation and of the State Duma, the sessions of their committees and commissions, as well as the sessions of the Government of the Russian Federation.

The Staff of the Supreme Court of the Russian Federation is formed in order to provide organizational, informational, document, financial, material and technical support to the Supreme Court of the Russian Federation in order to guarantee a full and independent administration of justice.

The staff members, working at departments and sections of the Supreme Court of the Russian Federation, are federal state servants. They have class ranks and other special titles; their rights, duties and service conditions are stipulated in the laws and other legal acts on the federal state civil service.

The Scientific-Consultative Council is created under the Supreme Court of the Russian Federation. The main aim of the council is to elaborate scientifically-based recommendations regarding the vital issues of judicial practice, as well as proposals regarding the improvement of legislation. The council serves to contribute to the rule of law in the administration of justice.

The composition of the Scientific-Consultative Council is approved by the Plenary Session of the Supreme Court of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, who presides the council. The council members include highly qualified judges, law enforcement officials, renowned legal scientists and practitioners.

“The Bulletin of the Supreme Court of the Russian Federation” is the official publication of the Supreme Court of the Russian Federation. It publishes information regarding the work of the Plenary Session of the SCRF, the most important rulings of the Presidium of the SCRF, as well as decisions of lower courts, that may be important for the elaboration of judicial practice, articles and reviews regarding the current issues of interpretation and application of law.

The Supreme Court of the Russian Federation and the International Law

At the turn of the century, the importance of international law as an instrument of international cooperation between the members of the global community has significantly grown. According to the Constitution of the Russian Federation, the commonly recognized principles and norms of the international law and the international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation stipulates other rules than those stipulated in a law, the rules of the international treaty apply.

After the disintegration of the Soviet Union, all its republics became independent and sovereign states. The universal legal environment and judicial practice, which existed on the territory of the former Soviet Union and was maintained by the Supreme Court, was broken. But the ties that existed between the courts of different republics remained, thanks to the material and procedural legislation, elaborated on the basis of Soviet norms, as well as due to the fact that these countries had to face similar problems after declaring independence and sovereignty.

In the summer of 1992, a meeting of Chief Justices of the Commonwealth of Independent States took place in Moscow. In his opening speech, the Chief Justice of the Supreme Court of the Russian Federation expressed hope that the meeting would help solve the common problems facing the courts in the post-Soviet environment. It was emphasized, that the cooperation between the courts of the CIS countries should be built upon an agreement to exchange information and jointly fight organized crime. A common desire was expressed to broaden the cooperation and to develop the ties of equal partnership in order to ensure the protection of citizens’ rights and legal interests, while respecting international law norms and principles.

The initiative of the Supreme Court of the RSFSR was supported by all the meeting participants. Chief Justices proposed it to their counties’ leaders to sign an agreement (convention) between member states of the CIS on provision of legal assistance and enforcement of legal relationships in civil and criminal cases.

On 22nd January, 1993, the CIS member states signed a Convention on Legal Assistance and Legal Relationships in Civil, Family, and Criminal Cases in Minsk, which became the legal basis for the international cooperation of courts and law enforcement bodies. Close to that time, the Agreement on the Manner of Resolution of Disputes, Concerning Entrepreneurial Activities was signed by the same subjects in Kiev.

Since the 1990s, it has become normal practice for citizens to directly seek international protection of their rights and liberties. Duties, undertaken by the Russian Federation, when it became a member of the Council of Europe and accepted the jurisdiction of the European Court of Human Rights, required not only to reach conformity between the Russian legislation and the European Convention on Human Rights, but also to form judicial practice in accordance with the latter.

For this purpose, on October 10, 2003 the Plenary Session of the Supreme Court of the Russian Federation adopted Ruling No. 5 "On the application of commonly recognized principles and norms of the international law and the international treaties of the Russian Federation by courts of general jurisdiction".

The Supreme Court of the Russian Federation maintains permanent partner relationships with the supreme courts of other countries, international justice organizations and institutes, thus promoting the integration of the Russian judicial system into the global legal environment.

Official visits of delegations of the Supreme Court and the participation of judges in international conferences and seminars promote the exchange of judicial experience and the successful implementation of judicial reforms.

As of 2010, the Supreme Court of the Russian Federation is a party to more than 30 cooperation agreements with the supreme courts of foreign states, as well as to the Protocol of Intentions Regarding the Cooperation of the Supreme Courts of the BRIC countries (Brazil, Russia, India and China). Annual meetings are held regarding the cooperation of the judiciary within the framework of the Shanghai Cooperation Organization.

The Supreme Court Building

The Supreme Court of the Russian Federation is currently situated in Moscow on Povarskaya Street.

The building is decorated with National Flags of the Russian Federation. Every courtroom inside the building also has the State Flag of the Russian Federation and the image of the State Coat of Arms.

The territory of the complex of the Supreme Court building historically appeared in the middle of the XVIII century. Initially, a 3-storey mansion of artillery captain Bludov was situated on Povarskaya Street, which perished in the fire of 1812 and was later reconstructed. After the death of the next owner, colonel of the Guards V. Kazakov, a charity home for impoverished noble men and women was opened inside the mansion, according to his last will.

In 1949, the building was transferred to the Supreme Court of the USSR and a 5-storey extension was built behind it in 1957. The building received its modern-day look in 2006, after the renovation works and the construction of a second line of buildings were finalized.

The broad stairs of the first floors are now decorated with marble and granite, the walls are covered with hand-made tapestries with judicial symbols.

The building has everything necessary for the work of the court: the halls of the Plenary Session and the Presidium, 12 courtrooms, offices for judges and court staff, an assembly hall, rooms for reception of citizens, canteens, etc.

The Hall of the Plenary Session is equipped with a complex of modern systems, including a video conferencing system, an electronic voting system, audio and video recording equipment, simultaneous translation equipment, etc. The same systems are installed in the Hall of the Presidium and in the conference hall.

Courtrooms are also equipped with video conferencing systems, able to connect with most of the courts of constituent entities of the Russian Federation, as well as with detention centers in a number of regions.

The Supreme Court of the Russian Federation has a large library, with not only specialized legal literature, but also Russian and foreign classical books. Access to the spacious reading hall is open not only for judges and the staff, but also for university students and postgraduates.

Closing Remarks

Established in 1923, the Supreme Court of the Russian Federation has always followed its high mission. Nowadays, by conserving and multiplying the best traditions of the national justice, the Supreme Court contributes to the improvement of legal proceedings, ensures broader access to justice and develops democratic principles.

The Supreme Court of the Russian Federation plays an important role through the review of cases, already considered by lower courts. The court ensures the existence of a unified judicial practice, therefore creating a universal legal environment inside the country. The Supreme Court directly participates in the personnel policy management of the courts and ensures true independence of judges.

The Supreme Court maintains constant relationships with the mass media. Journalists attend court sessions and have access to the informational resources of the court, thus informing the general public about its activities. Regular meetings of the Chief Justice of the Russian Federation with representatives of the civil society and the mass media serve as a guarantee of publicity of proceedings and of the openness of the judicial system.

The Supreme Court of the Russian Federation was the most important initiator of judicial reform in the country. As a result, the judiciary duly occupies its merited place among other branches of power. Today, the national justice system meets all the modern international requirements, making Russia part of the global legal environment, enforcing the authority of the courts and winning the trust of the people. In these achievements, the role of the Supreme Court of the Russian Federation as the top judicial body is crucial and honorable.